Searching Content indexed under Corporate/Commercial Law by Herbert Smith Freehills ordered by Published Date Descending.
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Pre-Contractual Statements: When Can They Come Back To Bite You?
Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements will, no doubt,
10 Oct 2019
Hong Kong SFC Consults On New Type 13 Regulated Activity To Regulate Depositories Of Public Funds
Last Friday, the Securities and Futures Commission (SFC) launched a consultation on proposals to regulate depositaries (trustees and custodians) of SFC-authorized...
Hong Kong
8 Oct 2019
Corporate Criminal Liability And Internal Investigations – Expected Legislative Changes In Germany
The legislative proposal is being discussed extensively in legal practice and academia.
26 Sep 2019
Private Wealth & Charities Podcast – Episode 3, Part 2
In this second part of our third episode of our Private Wealth and Charities podcast series Richard Norridge and Mark Adair discuss music and law.
23 Sep 2019
Government Publishes Further Competition Brexit Legislation Amending Its Original Regulations On Competition Law In Order To Address The Issue Of EU Commitments Relating To The UK
On 10 September 2019 the UK Government published the text of a second Competition Brexit SI, the Competition (Amendment etc.)(EU Exit)(No2) Regulations 2019 (the new Regulations) ...
European Union
19 Sep 2019
Private Wealth & Charities Podcast – Episode 3
In the third episode of our Private Wealth and Charities podcast series Richard Norridge and Mark Adair discuss music and law. Mark had a successful career
10 Sep 2019
Hong Kong SFC Launches Key Risk Indicator Platform To Enhance Risk Monitoring
Last Friday, the Securities and Futures Commission (SFC) issued a circular to announce the launch of a key risk indicator (KRI) platform to collect and analyse KRI data from selected licensed
Hong Kong
4 Sep 2019
Court Of Appeal Finds Entire Agreement Clause Did Not Preclude Terms Of Superseded Contract Being Admissible To Explain Meaning Of Unconventional Term
The Court of Appeal has held that the parties agreed a binding variation to incorporate additional services (Intermediate Minor Oral Surgery, or IMOS, services)
29 Aug 2019
Private Wealth & Charities Podcast – Episode 2
The second episode of our Private Wealth and Charities podcast series considers some recent decisions from the English courts in respect of out of time claims for reasonable financial provision
23 Aug 2019
The Month Ahead In Financial Services Regulatory Developments...
In this blog post, we round-up forthcoming developments in the UK and at EU and International levels in financial services regulation for August 2019.
19 Aug 2019
What Does Your Contract Mean? How The Courts Interpret Contracts
All too often, a term might seem perfectly clear to the parties when the contract is agreed, but a dispute later arises as to how it is meant to apply in the circumstances that have come about.
16 Aug 2019
Approval Of UK's Fifth DPA Concludes SFO Investigation Into Serco Companies
On 4 July 2019, Mr Justice William Davis approved a Deferred Prosecution Agreement ("DPA") agreed between the Serious Fraud Office ("SFO")
16 Aug 2019
Court Of Appeal Overturns High Court Decision In Cowan v Foreman To Grant Permission To Bring Claim For Financial Provision Under The Inheritance (Provision For Family And Dependants) Act 1975 17 Months Out Of Time
In the recent decision in Cowan v Foreman [2019] EWCA 1336 the Court of Appeal overturned the first instance decision and granted permission to the applicant to bring a claim under the Inheritance (Provision for Family and Dependants)
14 Aug 2019
Malaysian High Court Considers The Legality Of An Underlying Contract Which Was The Subject Of Arbitration
In Calibre M&E Sdn Bhd v PT Cooline HVAC Engineering (Originating Summons Nos. WA-24C(ARB)-47-09/2017 and WA-24C(ARB)-49-10/2017),
9 Aug 2019
FCA Publishes Latest Policy Statement And Near Final Rules On SMCR
On 26 July, the FCA published its latest policy statement (PS19/20) on the Senior Managers and Certification Regime (SMCR),
8 Aug 2019
Court Of Appeal Clarifies Test For Rectifying Terms Of Written Contract For Common Mistake
The court disagreed with Lord Hoffman's (obiter) observations in Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 that, even for the second limb above, the test is purely objective and subjective intentions are irrelevant.
8 Aug 2019
Hong Kong Stock Exchange Revises Listing Rules To Tighten Restrictions On Backdoor Listings
The Hong Kong Stock Exchange has finalised its proposed amendments to the Listing Rules to tighten restrictions on backdoor listings and continuing listing criteria.
Hong Kong
7 Aug 2019
Supreme Court Narrowly Interprets Exclusive Jurisdiction Provisions Of Brussels Regime Relating To Validity Of Corporate Decisions
The Supreme Court has held that the English courts did not have exclusive jurisdiction to hear certain claims brought by an English subsidiary company against Turkish domiciled defendants
7 Aug 2019
SFC, CSRC And MOF Sign Tripartite MOU On Access To Audit Working Papers Kept In Mainland China
Last week, the Hong Kong Securities and Futures Commission (SFC) signed a tripartite memorandum of understanding (MOU) with the China Securities Regulatory Commission
Hong Kong
30 Jul 2019
Charity Commission Freezes Bank Accounts Pending Investigation Into Grant-Giving Charities With Common Trustees
The Charity Commission has frozen the bank accounts of, and opened separate statutory inquiries into, two grant-giving charities, established for general charitable purposes
30 Jul 2019
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